Elder Abuse and Dependent Adult Restraining Orders in California: Protecting Your Loved Ones from Harm

February 11, 2023

As we age, it becomes increasingly important to ensure that we are surrounded by people who care for us and protect us from harm. Unfortunately, not everyone is trustworthy, and older individuals and those with disabilities can become vulnerable to abuse, neglect, and exploitation by those who are supposed to care for them. If you or a loved one is a victim of elder abuse or dependent adult abuse, you can seek protection through the California court system by obtaining an elder abuse or dependent adult abuse restraining order. In this article, we will discuss what you need to know about elder abuse and dependent adult abuse in California and how to obtain a restraining order to protect your loved ones from harm.

What is Elder Abuse in California?


Elder abuse is a term that is used to describe any form of abuse, neglect, or exploitation of an individual who is 65 years or older. This can include physical, emotional, or sexual abuse, as well as neglect or abandonment by a caregiver, financial exploitation, and any other form of mistreatment that causes harm to an older individual.

What is Dependent Adult Abuse in California?


Dependent adult abuse is a term that is used to describe any form of abuse, neglect, or exploitation of an individual between the ages of 18 and 64 who has certain mental or physical disabilities that make it difficult for them to care for themselves. Like elder abuse, dependent adult abuse can take many forms, including physical, emotional, and financial abuse, neglect or abandonment by a caregiver, and any other form of mistreatment that causes harm.

How to Obtain an Elder Abuse or Dependent Adult Restraining Order in California


If you or a loved one is a victim of elder abuse or dependent adult abuse, you can seek protection by obtaining an elder abuse or dependent adult abuse restraining order in California. A restraining order is a court order that requires the abusive individual to stop their abusive behavior and stay away from the victim.

To obtain an elder abuse or dependent adult abuse restraining order in California, you must show that the individual is engaging in behavior that is harmful to your physical, emotional, or financial well-being. This can include physical abuse, emotional abuse, neglect, abandonment, financial exploitation, or any other form of mistreatment. You can file for a restraining order through the court or with the help of a local adult protective services agency.

It’s important to keep in mind that obtaining a restraining order is a legal process that requires the submission of documentation and the presentation of evidence in court. This can be a complicated process, and it’s recommended that you seek the assistance of an experienced attorney who can help guide you through the process and ensure that your rights are protected.

What to Expect When Obtaining an Elder Abuse or Dependent Adult Restraining Order in California


When you file for an elder abuse or dependent adult abuse restraining order in California, you will be required to provide the court with information about the abuse, including the name and address of the abusive individual and any witnesses to the abuse. You will also need to provide evidence of the abuse, such as medical records, photos, or police reports.

Once you have filed your request for a restraining order, the court will schedule a hearing where you will have the opportunity to present your evidence and testify about the abuse. The abusive individual will also have the opportunity to present their own evidence and testimony. After the hearing, the judge will make a decision about whether or not to grant the restraining order.

If the judge grants the restraining order, it will become a legally binding document that requires the abusive individual to stop their abusive behavior and stay away from the protected elder or adult.

If you want to seek an elder abuse or dependent adult restraining order, then contact the Law Offices of John D. Rogers today. Call us to schedule a free consultation with an experienced Orange County restraining order attorney.

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